Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 8, 1 August 2010 — OHA appeals Nā Wai ʻEhā decision [ARTICLE]

OHA appeals Nā Wai ʻEhā decision

By Jennifer Armstrong KaWai Ola

For six years, a legal battle regarding water How in four Central Maui streams, known as Nā Wai 'Ehā, ostensibly ended on June 10 when the State Commission on Water Resource Management issued a hnal decision and order on the issue. To counter, OHA filed an appeal two days later, arguing that it contradicts Hawai'i's Constitution and Water Code. "Water is a public trust resource," said OHA Chairperson Haunani Apoliona. "Public trust uses such as traditional and customary practices have priority and must be protected to the greatest extent practicable." The Commission's decision substantially differed from Hearings Officer Dr. Lawrence Miike's recommendation. Miike had recommended 34.5 million gallons per day (mgd) of water be restored to all four streams. However, the decision and order restored only 12.5 mgd back to Waihe'e River and Waiehu Stream, with none returning to 'īao and Waikapū streams. Miike has publicly opposed the Commission's decision. OHA's interest in Nā Wai 'Ehā relates to the benefits water has to Native Hawaiians and the larger communities. These waters onee supported the largest contiguous area of kalo cultivation in Hawai'i and one of Hawai'i largest populations. Restoration of water to Nā Wai 'Ehā, whose waters are diverted for the sugar industry, would improve the recharge to the 'īao aquifer, whieh provides drinking water for Central Maui, supports native stream life and helps to ensure that traditional and customary Native Hawaiian rights will be preserved. Earthjustice, representing the eommunity groups who are party to the case, also filed a notice of appeal with the Water Commission on July 12. ■